HB 3501
Prohibits the consideration of whether certain changes related to water rights would impair or be detrimental to the public interest.
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Sign in to take actionPublic sentiment
Support
8%
Oppose
92%
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Bill overview
House Bill 3501 prohibits the consideration of whether changes to water rights would impair or be detrimental to the public interest. It aims to streamline water right transfers by preventing the department from evaluating the potential impact of these changes on the public. The bill focuses on accelerating water right transfers and reducing the potential for delays caused by protest opponents. It also addresses specific provisions related to water right permits and transfers, including those involving supplemental water rights and ground water.
Key provisions
- Prohibits the consideration of whether water right changes would impair or be detrimental to the public interest.
- Amends ORS 540.510 to allow for changes in water use and place of use without losing priority of the right.
- Modifies ORS 540.520 to streamline the application process for changes in water rights, removing the public interest consideration.
- Addresses temporary transfers of water rights under ORS 540.523.
- Allows for the substitution of ground water rights for surface water rights under certain conditions.
- Provides a process for transferring the point of diversion to allow appropriation of ground water.
- Updates ORS 537.211 to clarify the requirements for water right permits and transfers.
- Modifies ORS 540.570 to allow for temporary transfers of water use within a district.
Who is affected
- Water rights holders
- Water resource managers
- Landowners
- Municipalities
Arguments in favor
Reasons to support this legislation.
Testifiers generally support House Bill 3501 as a necessary step to protect Oregon's waterways and water rights, with many emphasizing the need for stricter regulations on water right transfers to mitigate the impact on ecosystems. The bill is seen as crucial for the nursery and greenhouse industry, farmers, and landowners, who rely on the current transfer process to manage their resources. Supporters argue that the proposed legislation will provide much-needed flexibility in managing groundwater resources while maintaining access to vital streams and rivers for future generations, ultimately addressing the limitations imposed by existing regulations.
Source: Testimony Summaries
Arguments opposed
Reasons to oppose this legislation.
Opponents of HB 3501 argue that the bill would restrict consideration of public interest issues in water rights transfer applications, potentially harming fish and wildlife, water quality, and other public values. They emphasize the importance of protecting Oregon's natural resources and prioritizing public interests over private ones, citing concerns about the potential impact on stream and habitat qualities due to water transfers. Many that the bill would undermine Oregon's ability to consider public values such as fish and wildlife and water quality impacts when evaluating water right transfers, and would hinder public participation in state decisions. They also express opposition to the bill's potential negative consequences, including increased costs for challenging agency decisions and a lack of transparency in the review process. Overall, opponents argue that HB 3501 would prioritize irrigators' needs over other potential water users, neglecting the value of water beyond agricultural use, and would make it harder for individuals and grassroots organizations to participate in state decision-making.